TWENTY-SECOND AMENDMENT TO AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND
ENGLAND, THIMS & MILLER, INC.
FOR
ENGINEERING SERVICES FOR THE EPA NPDES PERMIT
TillS TWENTY-SECOND AMENDMENT to Agreement is made and entered into
this
(o
day of
~Vvl.Cu\.~, 2014, by and between the CITY OF JACKSONVILLE,
a municipal corporation in Duval County, Florida (the "CITY"), and ENGLAND, THIMS &
MILLER, INC., a Florida profit corporation with an office at 14775 Old St. Augustine Road,
Jacksonville, Florida 32258 (the "CONSULTANT") for Engineering Services for the EPA
NPDES Permit (the "Project").
RECITALS:
WHEREAS, on June 24, 1991, the parties made and entered into City of Jacksonville
Contract# 6398-4 (the "Agreement") for the Project; and
WHEREAS, said Agreement has been amended twenty-one (21) times previously; and
WHEREAS, said Agreement should be amended further by: revising the Scope of
Services by adding and incorporating Exhibit "BB", attached hereto and incorporated herein by
this reference; adding and incorporating a new Contract Fee Summary identified as Exhibit
"CC", attached hereto and incorporated herein by this reference; increasing the lump sum for
Enhanced Mapping/GIS Updates Cycle 3, as described in Exhibit "BB", by $803,037.96, as
detailed in Exhibit "CC", to a new maximum lump sum amount of $2,101,503.71; increasing
the not-to-exceed limit for Education Outreach and Training Support, as described in Exhibit
"BB", in an amount not-to-exceed $45,000.00, as detailed in Exhibit "CC", to a new maximum
not-to-exceed $120,000; increasing the not-to-exceed limit for Tributaries BMAP 1 & 2 & Main
Stem BMAP Annual Report Support, as described in Exhibit "BB", in an amount not-to-exceed
$20,000.00, as detailed in Exhibit "CC", to a new maximum not-to-exceed $55,000.00; adding
a new paragraph "(r)" in Section 3.2 providing a new not-to-exceed limit for Year 2 NPDES
Annual Report Meetings with FDEP, as described in Exhibit "BB", in an amount not-to-exceed
$10,000.00, as detailed in Exhibit "CC"; adding a new paragraph "(s)" in Section 3.2 providing
a new not-to-exceed limit for Year 2 Annual Report Preparation Support, as described in Exhibit
"BB", in an amount not-to-exceed $15,000.00, as detailed in Exhibit "CC"; adding a new
paragraph "(t)" in Section 3.2 providing a new not-to-exceed limit for Right-of-Way and
Grounds Maintenance Reference Manual Development Support, as described in Exhibit "BB",
in an amount not-to-exceed $25,000.00, as detailed in Exhibit "CC"; and, increasing the CITY's
maximum indebtedness by an amount not-to-exceed $918,037.96 to a new cumulative maximum
not-to-exceed $16,854,904.81, with all other provisions, terms, and conditions of the Agreement
remaining unchanged ; now therefore
IN CONSIDERATION of the Agreement and of the mutual covenants herein contained
and for other good and valuable consideration, the parties agree to further amend the Agreement
as follows:
1.
The above-stated recitals are accurate, true, and correct and are made a part hereof
and are incorporated herein by this reference.
2.
Section 1.1 of said Agreement, entitled "STATEMENT OF CONSULTANT
SERVICES", is amended in part by adding and incorporating Exhibit "BB" and as amended
shall read as follows:
-2-
"1.1
STATEMENT OF CONSULTANT SERVICES
"The CONSULTANT shall furnish all services, documents, drawings and other matters
called for in this Agreement as well as those contained in the 'Scope of Services' attached hereto
and ' by this reference ' made a part hereof as Exhibits 'A',
'C','E','G'
'0'''Q'
,'I'
,'K'
, 'M''
'
'S', 'V', 'X', 'Z' and 'BB'."
3.
Section 3.1(n) of said Agreement is amended in part by increasing the lump sum
for Enhanced Mapping/GIS Updates Cycle 3, as described in Exhibit "BB", by $803,037.96, as
detailed in Exhibit "CC", to a new maximum lump sum amount of $2,101,503.71 and as
amended shall read as follows:
"(n) For Enhanced Mapping/GIS Updates Cycle 3, as described in Exhibits 'X', 'Z', and
'BB', a lump sum amount of TWO MILLION ONE HUNDRED ONE THOUSAND FIVE
HUNDRED THREE AND 71/100 DOLLARS ($2,101,503.71), as detailed in Exhibits 'Y',
'AA', and 'CC', attached hereto and by this reference made a part hereof and incorporated
herein."
4. Section 3.2(o) of said Agreement is amended in part by increasing the not-to-exceed
limit for Education Outreach and Training Support, as described in Exhibit "BB", in an amount
not-to-exceed $45,000.00, as detailed in Exhibit "CC", to a new maximum not-to-exceed
$120,000.00 and as amended shall read as follows:
"(o) For Education Outreach and Training Support, as described in Exhibits 'X', 'Z' and
'BB', an amount not-to-exceed ONE HUNDRED TWENTY THOUSAND AND 00/100
DOLLARS ($120,000.00), as detailed in Exhibits 'W', 'AA' and 'CC'."
6.
Section 3.2(p) of said Agreement is amended in part by increasing the not-to-
exceed limit for Tributaries BMAP I & 2 & Main Stem BMAP Annual Report Support, as
described in Exhibits 'X' and "BB", in an amount not-to-exceed $20,000.00, as detailed in
Exhibits 'Y' and "CC", to a new maximum not-to-exceed $55,000.00 and as amended shall read
as follows:
-3-
"(p) For Tributaries BMAP I & 2 & Main Stem BMAP Annual Report Support, as
described in Exhibits 'X' and 'BB', an amount not-to-exceed FIFTY-FIVE THOUSAND AND
00/100 DOLLARS ($55,000.00), as detailed in Exhibits 'Y' and 'CC' ."
7.
Section 3.2 of said Agreement is amended in part by adding a new paragraph "(r)"
providing a new not-to-exceed limit for Year 2 NPDES Annual Report Meetings with FDEP, as
described in Exhibit "BB", in an amount not-to-exceed $10,000.00, as detailed in Exhibit
"CC", and as amended shall read as follows:
"(r) For Year 2 NPDES Annual Report Meetings with FDEP, as described in Exhibit
'BB', an amount not-to-exceed TEN THOUSAND AND 00/100 DOLLARS ($10,000.00), as
detailed in Exhibit 'CC' ."
8.
Section 3.2 of said Agreement is amended in part by adding a new paragraph "(s)"
providing a new not-to-exceed limit for Year 2 Annual Report Preparation Support, as described
in Exhibit "BB", in an amount not-to-exceed $15,000.00, as detailed in Exhibit "CC", and as
amended shall read as follows:
"(s) For Year 2 Annual Report Preparation Support, as described in Exhibit 'BB', an
amount not to exceed FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00), as detailed
in Exhibit 'CC' ."
9.
Section 3.2 of said Agreement is amended in part by adding a new paragraph "(t)"
providing a new not-to-exceed limit for Right-of-Way and Grounds Maintenance Reference
Manual Development Support, as described in Exhibit "BB", in an amount not-to-exceed
$25,000.00, as detailed in Exhibit "CC", and as amended shall read as follows:
"(t)
For Right-of-Way and Grounds Maintenance Reference Manual Development
Support, as described in Exhibit 'BB', an amount not-to-exceed TWENTY-FIVE THOUSAND
AND 00/100 DOLLARS ($25,000.00), as detailed in Exhibit 'CC'.
-4-
10.
Section 3.5 of said Agreement is amended in part by increasing the CITY's
maximum indebtedness by an amount not-to-exceed $918,037.96 to a new cumulative maximum
not-to-exceed $16,854,904.81 and, as amended, shall read as follows:
"3 .5
The maximum indebtedness of the CITY for all services and reimbursables
pursuant to this Agreement shall not exceed the sum of SIXTEEN MILLION EIGHT
HUNDRED FIFTY-FOUR THOUSAND NINE HUNDRED FOUR AND 81/100 DOLLARS
($16,854,904.81).
8.
Attach Exhibits "BB" and "CC" to the Agreement and incorporate them therein.
SAVE AND EXCEPT as specifically and expressly amended herein, the terms,
provisions, and conditions of City of Jacksonville Contract # 6398-4, as previously amended,
shall remain unchanged and in full force and effect.
[Remainder of page left blank intentionally. Signature page follows immediately.]
IN WITNESS WHEREOF, the parties, by and through their respective authorized
representatives, have caused this Twenty-Second Amendment to be executed on the day and year
first above written.
ATTEST:
CITY OF JACKSONVILLE
z:::.AHV ~~
By:
Alvin Brown, Mayor
D, THIMS & MILLER, INC.
WITNESS:
In compliance with Section 24.103(e) of the Ordina~ce Code of the City of Jacksonville,
I do certify that there is an unexpended, unencumbered, and unimpounded balance in the
appropriation, as more particularly specified in Section 3.5 of said Agreement, sufficient to cover
the foregoing Agreement, and that provision has been made for the payment of the monies
provided therein to be paid.
&~~
Director of Finance
City Contract# 6398-4
Amendment # 22
Form Approved:
Karen Bowling
Chi~f Administ:c'tive Offlper
For. Mayor Alvrn Brown·
~nder Authority of:
Executive Order No. 2013-04
W\Amendments\EnglandThims&Miller#22.NPDES.K#6398-4.0 I 0714.rtf
-6-
·Exhibit "BB"
SCOPE OF SERVICES
AMENDMENT 22
OCTOBER 07, 2013
Scope Modifications for City of jacksonville Contract 6398-4,
Engineering Services on NPDES Pennit
INTRODUCTION
The purpose of this amendment is to fund ETM's Scope of Services for the period October
01, 2013 through September 30, 2014.
The objective of the Scope of Services described in this Amendment is to facilitate:
• Update of the City's Stormwater Management Plan (SWMP).
o Continue implementation public education/outreach and City staff training
programs in accordance with Cycle 3 Permit requirements.
• The development, release, and support of inspection, analysis, and reporting tools
and related databases to:
o Support the SOPs as defined in the SWMP
o Develop and release a MAXIMO Interface to support Stormwater Utility
operations and comply with Cycle 3 Permit maintenance reporting
requirements
o Effectively manage and report stormwater infrastructure maintenance and
inspection activities in accordance with Cycle 3 Permit requirements.
o Identify and eliminate illicit discharges and connections to the stormwater
infrastructure and surface waters
o Fulfill annual Tributaries BMAP reporting oblfgations.
• Demonstrate sufficiency of effort and progress toward meeting Tributaries BMAP
TMDL reduction targets.
• Fulfill NPDES permit TMDL implementation requirements through implementation
of a Bacteria Control Plan forthe Ribault WBID.
SCOPE OF WORK
The following is a per task description of the scope of work for this Amendment.
MS41NYENTORY UPDATE and MAINTENANCE
ETM will, in accordance with MS4 Permit requirements, maintain an up to date inventory of
the MS4 infrastructure owned and maintained by the City of jacksonville and FOOT District
2. FOOT District 2 MS4 infrastructure located within the cities of jacksonville Beach,
Neptune Beach, and Atlantic Beach is not included within ETM's scope of work.
•
Ali MS4 update work will be posted to the NPDES GIS database and hosted web site
maintained by ETM. A copy of the updated MS4 inventory will be forwarded in ESRI
geodatabase format to the City of jacksonville's Information Technology
Department (lTD) GIS Section on a semi-annual basis for posting by lTD to the City
of Jacksonville Intranet site.
6398-4 NPDES Engineering Services- Amendment 22
Page- I -
-'
·Exhibit "BB"
•
The MS4 database maintained on the ETM hosted web site will serve as the MS4
infrastructure dataset accessed and used by the City for MS4 Permit administration
and related Main Stem and Tributaries BMAP annual reporting purposes.
•
ETM in conjunction with City of Jacksonville PWD Engineering will agree to
procedures by which approved drainage as-built drawings will, by PWD, be filed and
made available to ETM for MS4 inventory update purposes. All as-built drawings
will be forwarded as CAD drawing files unless not submitted as such by the design
consultant or contractor.
•
Drainage as-built drawings for FOOT District 2 owned MS4 Infrastructure within the
City of jacksonville will be made available to ETM via the FOOT Intranet site or
directly to ETM by FOOT's NPDES Coordinator.
•
Positional accuracy of information will be relative in relation to the City of
Jacksonville parcel layer which serves as the NPDES GIS base map.
Information as depicted on the as-built drawing will be used to facilitate the data entry of
the following MS4 infrastructure information (attributes) into the NPDES GIS database:
•
•
•
•
•
•
•
•
Manhole, inlet and control structure rim & bottom invert elevations
Control structure weir elevations
Manhole, inlet and control structure type
Open & closed conveyance segment lengths
Open & closed conveyance upstream & downstream invert/bottom elevations
Open & closed conveyance material & year constructed
Closed conveyance (pipe) dimensions & shape,
Owner (FOOT or City oflacksonville)
MS4 /nyentory Update god Ma/ntenqnce durjng
funded at a later date.
CJ~cle
3 beyond Sevtember 30. 2014 js to be
STORMWATER MANAGEMENT PLAN CSWMPl UPDATE
The Cycle 3 permit requires that SWMP be updated annually to reflect FDEP annual audit
recommendations and changes in City resource allocations.
Stormwater Management Plan Update
ETM, under Amendment 21, worked with the City of Jacksonville prepare an updated
Stormwater Management Plan (SWMP) ..
The Cycle 3 MS4 Permit requires that the SWMP be updated annually. ETM as part of this
Amendment will participate in the Cycle 3 Permit Year 2 FDEP Annual Audit ETM will,
based on FDEP's Year 2 audit findings and recommendations, work with City staff to revise
SOPs and update SWMP as required.
Update o,fthe SWMP during Cycle 3 b~vond September 30, 2014 js to be funded at a later date.
6398-4 NPDES Engineering Services- Amendment 22
Page- 2-
·Exhibit "BB"
BACTERIA CONTROL PI.AN
During year 1 of the Cycle 3 permit ETM prepared a WBID Ranking and Prioritization
Report.
During Year 2 of the Cycle 3 MS4 Permit ETM assisted the City with the development and
submittal of a Bacteria Control Plan for the Ribault River waterbody to FDEP for review and
approval.
After FDEP approval of the Bacteria Control Plan ETM will assist in the implementation of
the FDEP approved Bacteria Control Plan. Work completed by ETM can include the
following.
•
Assist in the preparation of Bacteria Control Plan annual project and activities
report
Incorporate applicable BCP activities and monitoring results into each NPDES
Annual Report.
Provide proactive IDDE and other field inspections services.
•
•
All Bacteria Control Plan implementation services will be completed under the direction of
the City's Project Manager or his authorized representative. All Bacteria Control Plan
sampling and related laboratory analysis will be completed by EQD staff.
ETM's scope of work includes 300 hours for field inspection services during Cycle 3 Permit
Year3.
All Bacteria Contra! Plan jmplementatian tasks durina CVc/e 3 Permit bevond September 30.
2014 are to be fUnded at a later date.
PERMIT ADMINSTRATjON TOOLKIT DEVELOPMENT AND SUPPORT
The purpose of this amendment is to leverage and integrate the tools developed
under Amendments 18, 19, 20 and 21with the release of additional tools
(applications) that will enable the City to effectively:
•
•
•
Fulfill Cycle 3 MS4 permit MS4 inspection and maintenance reporting
requirements
Demonstrate sufficiency of effort for Tributaries BMAP reporting and
Maximize Main Stem BMAP load reduction credits
ETM will, as part of the Scope of Services, develop an MS4 Capital Project and R&R
Project Tracking Application, and a MAXIMO Interface to support O&M
Planning/Analysis Application. Each application and associated scope of work is
described in the following paragraphs.
All applications developed and released under this Amendment will conform to the
standards and system architecture underlying those developed and released under
Amendments 18, 19, 20 and 21. The functionality of each application, including
reporting for will be based on requirements identified and documented through user
6398-4 NPDES Engineering Services- Amendment 22
Page- 3-
'Exhibit "BB"
interviews conducted prior to proceeding with development/programming of each
application.
MS4 Capital and R&R Project Tracking
The Cycle 3 MS4 Permit as well as the Main Stem and Tributaries BMAPs require the City to
annually report on capital projects and their status (planned, in design, under construction,
and completed).
/
This application will be designed for use by Public Works Engineering. RWGM, and the
City's Stormwater Utility Program Manager. As with previously developed applications the
Capital Project and R&R Tracking application will be web based and will include a GIS
component to enable related spatial analysis and reporting.
•
•
•
Status reporting of each project by WBID
o Current year budget
o 5 Year CIP
o Long range as defined in the Master Storm water Management Plan
Calculate BMAP reduction credit based on area drained and land use.
Septic Tank Phase Out project status tracking for NPDES and BMAP reporting and
public outreach purposes
o Project Area·
o Property owners impacted
o Status of connections
o Number of septic tanks removed
o Nutrient load reduction credit
o Allocation of Bacteria reduction to the correct WBID
MAXIMO Interface and O&M Planning/Analysis Tool
ETM, under Amendment 18, was authorized to develop and implement a MAXIMO Interface.
As the Cycle 2 permit was administratively continued and the requirements for the
MAXIMO interface were not defined until the issuance of the Cycle 3 Permit. ETM will, as
part of this Amendment, implement a MAXIMO interface.
ETM will collaborate with RWGM and the City of jacksonville MAXIMO support staff to
revise existing work orders and define new work order forms and codes to facilitate a
scheduled extract of MAXIMO MS4 maintenance and repair work orders for upload to the
ArcServer based Master web site.
The objective of the interface between MAXIMO with the NPDES GIS is to support work
order planning. and historical work activity tracking and analysis.
ETM will refine the NPDES Master Web Site and the MS4 Inspection application to support
the viewing of historical drainage work via the web site maintained and hosted by ETM.
All MAXIMO programming and documentation related to the update of work order forms
and work codes and the extract of data form MAXIMO will be completed by City of
jacksonville MAXI.MO support staff.
6398·4 NPOES Engineering Services- Amendment 22
Page- 4-
·Exhibit "BB"
Toolkit User Support and Web Site Hosting
IITM will, under this Amendment, host and maintain the NPDES ArcServer web site and all
applications developed under this amendment as well as Amendments 18, 19, 20, and 21 .
..
ETM will provide initial user training and support for 30 days following release of each tool
(application);· The function group manager or supervisor is responsible for responding to
user questions regarding proper usage of the released tool and maintaining the integrity of
all data entered and the database associated with each application released after the 30 day
period..· • ETM will serve as the first line of technical support of the. web site and tools
(applications) released,
Toolkit U~erSuppart and Web Site Hosting services a(ter September 30. 2014 are to be funded
qt a lqter dqte.
REIMBURSABLE SERVICES
The purpose of the Reimbursable Services component of scope of work is to enable the
City's Project Manager and NPDES,Coordinator to authorize IITM to provide services on an
as needed basis. Reimbursable services authorized· may include the following as well as
other services· not listed.
•
Annual Tributaries BMAP I & II report preparation assistance for reports to be
submitted January 2014
• NPDES Year 2 Annual Report Preparation Support & Participation in Annual Report
Review and Audit meetings with FDEP
• Public Education and Outreach Plan implementation support
o Training Plan implementation support ·
• Development of a General Procedures Reference Manual for. RWGM staff and
supervisors
ETM will submit schedule and budget to complete all requested Reimbursable Services
related work to the· City's Project Manager for approval prior to proceeding with the work.
Reiinbur<ableSerylces qfter September30; 2014 are to be funded at q later date.
PROJECT MANAGEMENT
ETM is responsible for the day to day supems10n and management of ETM
personnel and coordinating all work with City's Project Manager or his authorized
representative.
The successful completion of ariy project requires that all project stakeholders
understand the scope and schedule and their respective roles and responsibilities in
me~ting project goals.. On receipt of notice to proceed,. ETM will develop a work
plan and schedule in accordance with the final Scope of Work and contract
Prolect Management Services Qfter September 30. 2014 are to be awdf!d at a later date.
6398-4 NPDES Engineering Services- Amendment 22
Page- 5-
..
"Exhibit "CC"
CONTRACT FEE SUMMARY FORMAT FOR ENGINEERING DIVISION
CITY OF JACKSONVILLE, FLORIDA
PART I • GENERAL
2. Proposal Number
1. Project
NPDES Amendment 22
P-21-91
3. Name of Consultant
4 Date of Proposal
England-Thims & Miller, Inc.
1017/2013
)
PART II- LABOR RELATED COSTS
Estimated
5. Direct Labor
Hourly
Estimated
Rate
Cost
Hours
$
Principal
65.00
0.00
0 $
87,401.82
$
49.83
1754 $
Project Manager
47,430.00
Engineer
$
42.50
I I 16 $
$
56,192.40
Programmer
1720 $
32.67
CADD/GIS Analyst
$
26.68
86,123.04
3228 $
0.00
Field Technician
26.59
0 $
$
2,271.58
Clerical
$
21.43
106 $
TOTAL DIRECT LABOR
7924
$
6. Overhead (Combined Fringe Benefit & Administrative)
Overhead Rate
150 % x Total Direct Labor
$
7. SUBTOTAL: Labor + Overhead (Items 5 & 6)
$
Labor Related Costs (Item 7)
X
10% $
8. PROFIT:
PART ill - OTHER COSTS
9. Miscellaneous Direct Costs
Transportation
$
2322.12
Web Site Hosting and Database Administration
$
24000.00
Reproduction
$
5874.00
Shipping
$
440.00
$
2000.00
Provide Data Extracts and Maps to Other Agencies
$
$
MISCELLANEOUS DIRECT COSTS SUB-TOTAL
10. CREDITS
$
0.00
$
0.00
$
0.00
$
0.00 $
CREDITS SUB-TOTAL
TOTAL LUMP SUM AMOUNT (Items 5, 6, 8, 9 and 10)
$
11. Reimbursable Costs -Limiting Amount
$
YR 2 NI'DES Annual Report Meetings with I-DEI'
10000.00
$
Education/Outreach and Training Support
45000.00
Tributaries 1 & 2 BMAP Annual Report Support
$
20000.00
$
NPDES Yr 2 Annual Report Preparation Support
15000.00
$
R WGM Reference Manual Development Support
25000.00
SUB-TOTAL REIMBURSABLES
PART IV -SUMMARY
TOTAL AMOUNT OF CONTRACT AMENDMENT #22 (Lump Sum Plus Reimbursables)
(Items 5, 6, 8, 9, 10 and 11)
12. PRlOR CONTRACT AMOUNT (Through Amendment #21)
AMENDED AMOUNT OF CONTRACT
TOTAL
279,418.84
419,128.00
698,546.84
69,855.00
34,636.12
803,037.96
$
I 15,000.00
$
918,037.96
$15,936,866.85
$16,854 904.81